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183 HOLDING CORP. v. 183 LORRAINE ST. ASSOCS.

251 A.D.2d 386 (1998)

673 N.Y.S.2d 745

183 Holding Corp., Appellant, v. 183 Lorraine Street Associates et al., Defendants, and United Capital Corp., Intervenor-Respondent. Joseph Fischer et al., Nonparty Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 8, 1998

Ordered that the order is affirmed, with costs.

The plaintiff seeks, inter alia, specific performance of a real estate contract dated April 1990 which was executed by the defendant 183 Lorraine Street Associates as seller, and the plaintiff as purchaser. However, the plaintiff, a corporation, did not come into existence until October 1991, i.e., 18 months later, when its certificate of incorporation was filed (see, Business Corporation Law § 403...

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